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2025 DAILYLAW 201787 (ALL)

KAMLESH KUMAR MAURYA @ UMENDRA KUMAR MAURYA v. DR. NIRISH CHANDRA SAHU, DISTRICT PANCHAYAT RAJ OFFICER SITAPUR

CAPL/3306/2025 · 2025-10-15

Manish Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 3306 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. Heard. Present contempt application has been preferred for alleged non-compliance of the judgment and order dated 07.08.2025 passed in Writ C No. 7630 of 2025 (Kamlesh Kumar Maurya @ Umendra Kumar Maurya and 5 others Vs. State of U.P. ). Learned counsel for the applicant has submitted while drawing attention of this Court towards representations dated 12.09.2025 and 18.09.2025 serving upon the District Magistrate, Sitapur for compliance of the judgment and order of the Writ Court that despite the service of the aforesaid representations, District Magistrate, Sitapur has not taken any decision thereon till date. It is further submitted that the Hon'ble Member of Parliament of that constituency has also written a letter to the District Magistrate, Sitapur but no action has been taken. Hence, the contempt is made out against the respondent. After hearing learned counsel for the applicant and going through the record of the case, it is found that in the representations dated 12.09.2025 and 18.09.2025 (enclosed collectively as annexure no. 2 to the present case), there is neither any endorsement or receiving nor any registry slip has been filed therewith. It is also found that even reference of judgment and order of the Writ Court has not been given in the representations and copy of the judgment and order of the Writ Court has also not been appended with the representations. It is further noticed that the direction is for the District Panchayat Raj Officer whereas the representations were moved before the District Magistrate, Sitapur to whom no direction was issued by the Writ Court. In the array of the respondent, the District Pancahayat Raj Officer has made party but neither any representation was made before him nor any copy of the judgment and order of the Writ Court was ever served Versus Counsel for Applicant(s) : Sarvesh Upadhyay, Suchindra Yadav Counsel for Opposite Party(s) : Kamlesh Kumar Maurya @ Umendra Kumar Maurya .....Applicant(s) Dr. Nirish Chandra Sahu, District Panchayat Raj Officer Sitapur .....Opposite Party(s) upon him. In view of the aforesaid, the present contempt application is nothing but frivolous and abuse of process of the Court. In view of the above, the present contempt application is hereby dismissed. October 15, 2025 Ashish CAPL No. 3306 of 2025 2 (Manish Kumar,J.) Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench